Legal Opinion

Merrit v. Pollys

Court of Appeals of Kentucky

Decided December 12, 1855PublishedCited by 6 opinions

APPEAL FROM CLARKE CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep.

1Opinion of the Court

Judge Simpson

delivered the opinion-of the Court.

The question which arises in this case is, whether or not, after a dissolution, a note made by one partner, in the name of the firm, in liquidation of a firm debt, will bind his co-partner.

The doctrine is well settled, that after a partnership has been dissolved, and legal notice of the dissolution has been given, one partner cannot bind his *356co-partners by the execution of a note, or any other instrument of writing which creates a new cause of action, even for the renewal of a partnership note, or the settlement or liquidation of a partnership…

2Cases cited1 opinion

  1. Vernon v. Manhattan Co.New York Supreme Court · 1837

3Cited by6 opinions

  1. Ewing & Gaines v. TrippeSupreme Court of Georgia · 1884
  2. Hixon v. PixleyNevada Supreme Court · 1880
  3. Hignite v. NantzCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
  5. Daniels v. BaylesCourt of Appeals of Kentucky · 1873

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